Adds to the crime of public lewdness the electronic transmission of an image depicting exposed private or intimate parts without the consent of the recipient.
STATE OF NEW YORK
________________________________________________________________________
319
2023-2024 Regular Sessions
IN ASSEMBLY
January 4, 2023
___________
Introduced by M. of A. PAULIN, SEAWRIGHT, DINOWITZ, DICKENS, GUNTHER,
BRONSON, BUTTENSCHON, SIMON, ROZIC, WILLIAMS, BURGOS, ZINERMAN,
SILLITTI, WOERNER, FAHY, JENSEN, THIELE, GLICK, J. A. GIGLIO, ANDER-
SON, JACKSON, BYRNES, STERN, SEPTIMO, AUBRY, SMITH, GONZALEZ-ROJAS,
STIRPE, GALLAGHER, KELLES, CLARK, CRUZ, L. ROSENTHAL -- Multi-Spon-
sored by -- M. of A. HEVESI, STECK -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to the crime of public lewd-
ness
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 245.00 of the penal law, as amended by chapter 748
2 of the laws of 1968 and the opening paragraph as amended by chapter 373
3 of the laws of 2015, is amended to read as follows:
4 § 245.00 Public lewdness.
5 A person is guilty of public lewdness when [he or she] they inten-
6 tionally [exposes]:
7 1. Expose the private or intimate parts of [his or her] their body in
8 a lewd manner or [commits] commit any other lewd act: (a) in a public
9 place, or (b) (i) in private premises under circumstances in which [he
10 or she] they may readily be observed from either a public place or from
11 other private premises, and with intent that [he or she] they be so
12 observed, or (ii) while trespassing, as defined in section 140.05 of
13 this part, in a dwelling, as defined in subdivision three of section
14 140.00 of this part, under circumstances in which [he or she is] they
15 are observed by a lawful occupant[.]; or
16 2. Electronically transmit to one or more persons in or around a
17 public place an image depicting exposed private or intimate parts, with-
18 out the consent of such person or persons.
19 Public lewdness is a class B misdemeanor.
20 § 2. This act shall take effect on the ninetieth day after it shall
21 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02077-02-3
